Indian chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1882-1902, 1887-01-13

stand unconcernedly by and SEQ
things 20 on until the United States
government shall declare that we
are incapable of self government
Surely not.
Attorneys stood around in little
groups at the termination of many
of tho cases and you could hear
the question: "In the name Of
reason what does the court meanY"
And to one such question / re-
member hearing a very prominent
and able attorney eand one not in
terested) reply, ut looks to me
like Joab Scales is trying TO see
how absurd and insignificant he
can make the supreme court ap-
pear" (and that isn't all he said),
while another wondered chow il
was that a man with the legal
ability which Scales possessed
could afford to accept the position
of clerk of the court at a salary OF
5000 per year and thus debar him
self from practice before the
courts" But now it appears he
has not quit. In some criminal
cases where any one judge pre-
sides, Joab Scales, appears as an
attorney, although when all judges
meet in regular session they have
to affirm or disapprove of the rul-
ings appealed from; then Joab
Scales resumes his position as
clerk, which said rulings the clerk
is bound to be upon one side or
the other. Should any court per-
init its clerk to develop such "ec-
centricities," and thus invite
criticism and censure of both
clerk and court2 "I'de rather be
a frog and feed upon the vapors of
dungeon.
And still another said: "He for
one objected to the clerk being so
frequently found in the library of
the supreme court, with bolted
doors, in consultation with certain
attorneys while a case WAS under
advisement," and that isn't all he
said.
Judge Bissell remarked to some
attorneys one day in the court room
after hearing n certain decision,
that our practice was very pc
culiar. Yes, judge, some Of
those proceedings were vcry
peculiar.
Will it cause one thought Of re-
gret to know that there were intel
ligent men from the United States
present who closely observed the
"eccentricities" and openly con-
demned them?
Mr.. Editor, there is a moral to
this tale. The supreme court is
the last resort of every Cherokee
citizen, and of the Cherokee ma
ton itself in many instances. To
it in a final result we look for
redress for every infringement of
our social and political rights.
What does the title to my
property amount to when |
there is no stability in that
court? Absolutely nothing. And |
right here let me remark that on
the day following the decision in
the Tucker VS.. Dawn case, the |
case of Manly vs.. Scales came up.
The attorneys had changed sides
and the one who represented |
Dawn yesterday, to-day repre-
sented Manly. Again the bond |
question was raised; this time
upon the court where if it was
possible to dismiss case for such
a cause then this case should have
been dismissed. Two sureties
had signed the bond and scheduled
their property in the ordinary
way, but there was another name
with those intended as sureties,
and thus it stood upon the bond:
"10 horse, j. II. Beck"
The plaintiff claimed that the
meaning eft HIS his-cfi ciiiiFFsSgt iFstr ply was
that J. II. Beck had gone on this
bond for $40, nt the time when the
case was appealed from the circuit
court IN Sept. 1886, and had
scheduled the horse placed before
his name. OF course the defendant
claimed that the bond did not
show that Mr.. Beck had gone on it
for any amount, and upon examin-
ing the clerks certificate qualify
ing the sureties it showed that the
sureties were qualified when the
suit was instituted in 'S3 or 'S4.
| suppose that owing to the repu-
tation the court acquired for its
'eccentricities," it is useless to
inform you it over ruled the mo-
tion and went into the trial Of the
case-and with remarkable Sec
centricities" decided the same.
And now Mr.. Editor, in conclu-
sion let me say, that in August
1887 we will have the choosing of
The men who will select two Of
these judges. Let us choose men
who will draw n line Of demarca-
lion between the supreme court and
politics.
Let me exOnerate Hon. John
Drew and Roach Young. Drew
was not there and young had not
been elected, and let me also say
hat another has retired, by virtue
1f the expiration Of his term, from
.he honorable position of associate
Justice OF the supreme court, to the
1bscurity from which he sprang 20
his responsible position, leaving a
name to be handed down to pos
.erity unsdrpassed-save for stu
pidity-by Lord Jefiries.
And yet, Mr.. Editor, there is
more, but others owe just as much
-n the nnhlic hv ahnminn nrncilu